Identification of Appointment Contracts and Remedies for Breach of Contract
An appointment contract corresponds to the principal contract and usually exists in the more complex civil and commercial trans-actions.Appointment contracts exist widely in comparative law.The interpretation and refinement of Article 495 of the Civil Code of the People's Republic of China in Articles 6-8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Principles of the Contract Part of the Civil Code of the People's Republic of China plays an important role in the proper use of the appointment con-tract system by contract parties to achieve transaction purposes,and provides a more operational basis for the people court to achieve the goal of handling similar cases similarly.In terms of the recognition of appointment contract,it is necessary to use typological thinking methods to catego-rize various agreements before the signing of this contract,especially paying attention to the differences between appointment contract,commercial negotiations,and principal contract.In terms of the effectiveness of the appointment contract,it is important to focus on whether the contract has been fulfilled and use typological thinking methods to determine countermeasures.If the principal contract cannot be signed in accordance with the appointment contract,the non breaching party has the right to claim that the breaching party shall bear the liability for breach of contract,and the main way of bearing the liability for breach of contract shall be compensation for damages.Regarding the amount of compensation for damages,if there is an agreement,it shall be determined in accordance with the agreement.If there is no agreement,the people court shall determine it by taking into account factors such as the maturity of the transaction and properly applying the rules for allocating the burden of proof.
appointment contractidentification of appointment contractdefault remedies for appointment contractsmaturity of transaction
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